DETAILED ACTION
Notice to Applicant
This communication is in response to the application submitted November 11, 2024. This application is a continuation of U.S. Patent Application No. 16/985,609 (now U.S. Patent Number 12,142,353), filed August 5, 2020, which is a continuation of U.S. Patent Application No. 14/747,389 (now abandoned), filed June 23, 2015. Claims 1 – 20 are cancelled. Claims 21 – 30 are pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21 – 27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 21 – 27 of U.S. Patent No. 12,142,353. The differences between the claims are outlined in boldface in the table below.
Claim
Application 18,943,624
Claim
Patent 12,142,353
21
A healthcare information analysis system comprising:
a server configured to communicate with an electronic healthcare information system;
a processor and a non-transitory computer readable medium, the non-transitory computer readable medium comprising instructions stored thereon that when executed by the processor configure the healthcare information analysis system to:
receive, via the server, health care organization-specific data regarding one or more different products available for purchase by the health care organization from the electronic healthcare information system;
map, via the processor, each of the one or more different products in the health care organization specific data to a health care organization -agnostic product identifier;
modify the health care organization specific data by translating the health care organization -specific data from an initial format of the health care organization -specific data to a health care organization-agnostic format, the initial format of the health care organization-specific data being a different format than the health care organization-agnostic format, wherein the health care organization-agnostic product identifier is stored in the non-transitory computer readable medium in the health care organization-agnostic format;
analyze, via the processor, the health care organization-specific data and one or more health care organization-agnostic product identifiers stored in the non-transitory computer readable medium in the health care organization-agnostic format;
assign, via the processor, the health care organization-specific data to the health care organization-agnostic product identifier stored in the non-transitory computer readable medium in the health care organization-agnostic format;
generate, via the processor, an electronic file in an Electronic Data Interchange (EDI) format, the electronic file comprising information corresponding to the assignment of the health care organization-specific data to the health care organization-agnostic product identifier; and
communicate, via the processor, the electronic file to the electronic healthcare information system, the communication causing automatic propagation of changes to information within the electronic healthcare information system, the propagated changes comprising modifications to information based on the assignment of the health care organization- specific data to the health care organization-agnostic product identifier
21
A healthcare information analysis system comprising:
a server configured to communicate with an electronic healthcare information system;
a processor and a non-transitory computer readable medium, the non-transitory computer readable medium comprising instructions stored thereon that when executed by the processor configure the healthcare information analysis system to:
monitor, via the server, electronic purchases of one or more current products by a healthcare organization (HCO);
receive, via the server, HCO-specific data regarding one or more different products available for purchase by the HCO from the electronic healthcare information system;
map, via the processor, each of the one or more different products in the HCO-specific data to a HCO-agnostic product identifier, the mapping comprising;
modify the HCO-specific data by translating the HCO-specific data from an initial format of the HCO-specific data to a HCO-agnostic format, the initial format of the HCO-specific data being a different format than the HCO-agnostic format, wherein the HCO-agnostic product identifier is stored in the non-transitory computer readable medium in the HCO-agnostic format;
analyze, via the processor, the HCO-specific data and one or more HCO- agnostic product identifiers stored in the non-transitory computer readable medium in the HCO-agnostic format;
generate, via the processor, a confidence index between the HCO-specific data and one or more product identifiers stored in the non-transitory computer readable medium in the HCO-agnostic format;
assign, via the processor, the HCO-specific data to the HCO-agnostic product identifier stored in the non-transitory computer readable medium in the HCO-agnostic format when the confidence index is greater than a threshold value;
generate, via the processor, an electronic file in an Electronic Data Interchange (EDI) format, the electronic file comprising information corresponding to the assignment of the HCO-specific data to the HCO-agnostic product identifier; and
communicate, via the processor, the electronic file to the electronic healthcare information system, the communication causing automatic propagation of changes to information within the electronic healthcare information system, the propagated changes comprising modifications to information based on the assignment of the HCO specific data to the HCO-agnostic product identifier.
22
The healthcare information analysis system of claim 21, wherein the instructions further configure the healthcare information analysis system to:
propagate a deactivation of the one or more products stored in the non-transitory computer readable medium in the healthcare information analysis system to the healthcare information system.
22
The healthcare information analysis system of claim 21 wherein the instructions further configure the healthcare information analysis system to:
propagate a deactivation of the one or more products stored in the non- transitory computer readable medium in the healthcare information analysis system to the healthcare information system.
23
The healthcare information analysis system of claim 21, calculate a financial impact of the result of at least one change to the electronic purchases of the one or more current products.
23
The healthcare information analysis system of claim 21, calculate a financial impact of the result of at least one change to the electronic purchases of the one or more current products.
24
The healthcare information analysis system of claim 23, wherein the instructions further configure the healthcare information analysis system to:
display a web-based interface configured to allow users to interact with the healthcare information analysis system via a web browser.
24
The healthcare information analysis system of claim 23, wherein the instructions further configure the healthcare information analysis system to:
display a web-based interface configured to allow users to interact with the healthcare information analysis system via a web browser.
25
The healthcare information analysis system of claim 24, wherein the web-based interface is configured to display the financial impact.
25
The healthcare information analysis system of claim 24, wherein the web-based interface is configured to display the financial impact.
26
The healthcare information analysis system of claim 25, wherein the instructions further configure the healthcare information analysis system to:
using the processor, implement the change to the healthcare information system.
26
The healthcare information analysis system of claim 24, wherein the instructions further configure the healthcare information analysis system to:
using the processor, implement the change to the healthcare information system.
27
The healthcare information analysis system of claim 26, wherein the at least one change comprises changes to at least one of an electronic item masters, item formularies, and charge masters.
27
The healthcare information analysis system of claim 24, wherein the at least one change comprises changes to at least one of an electronic item masters, item formularies, and charge masters.
Furthermore, an obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but an examined claim is either anticipated by, or would been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985). Although the conflicting claims are not identical, they are not patentably distinct from each other because claim 21, for example, is generic to the method recited in claim 21 of U.S. Patent Number 12,142,353. That is, claim 21 of the present application falls entirely with scope of claim 21 of U.S. Patent Number 12,142,353, or in other words claim 21 is substantially the same and would have been obvious to one of ordinary skill in the art as described by claim 21 of U.S. Patent Number 12,142,353. In addition, claims 29 and 30 of the present application incorporate the limitations outlined in boldface of claim 21 of U.S. Patent Number 12,142,353.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Chowdhary et al. (U.S. Patent Number 8,195,527 B2) discloses a system and method to evaluate product substitutions according to multiple criteria in response to a sales opportunity.
Denton et al. (U.S. Publication Number 2013/0246217 A1) discloses operating a market platform to allow buyers and suppliers to select products and contracting parameters to meet their needs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTINE K RAPILLO whose telephone number is (571)270-3325. The examiner can normally be reached Monday - Friday 7:30 - 4 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fonya Long can be reached at 571-270-5096. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
KRISTINE K. RAPILLO
Examiner
Art Unit 3626
/KRISTINE K RAPILLO/Examiner, Art Unit 3682
Prosecution Insights